Under the current versions of Rules 126 and 127 EPC, communications/documents are deemed to have been notified to the recipient on the tenth day following the date of the document (regardless of how they are transmitted – electronically or by postal services). Many...
The guidance is: in support of inventive step, yes, post-filed data can be used, if it relates to the same invention as disclosed in the original application. Summary of the Decision In summary, in support of inventive step in a claim in a European patent: • yes,...
As we know, when claiming priority from an earlier application, one of the tests for a valid priority claim is that it relates to the “same invention”; this being essentially the same as the test for added matter and requiring a “direct and unambiguous” disclosure of...
We reported in our article of December 2022 that the start date of the Unified Patent Court (“UPC”) had been delayed yet again, this time in view of some difficulties many users were having with acquiring the authentication devices required to access the UPC’s Case...
Background Historically (pre-2019), a subrange was considered novel over the prior art if the following criteria were met (T198/84 and T279/89): a) The selected subrange is narrower than the known range; b) The selected subrange is sufficiently far removed from any...
Timeline of events The applicant filed a Petition for Review against the ‘decision’ of the Board of Appeal in T 0695/18 of 5 October 2021 not to consider their submissions of 29 September and 5 October 2021 respectively. The Petition for Review was based on (i)...
Recent Comments